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Legal Opinions of the Attorney General -
Yearly Index

Opinions published in 1999

Opinion Question Conclusion Published
99-906 May a nonprofit mutual benefit corporation give notice of its annual regular meetings by publication at least once in a newspaper of the general circulation in the county in which its principal office is located and by posting notice of the meeting at its principal office if (1) the bylaws permit such notice or (2) members have requested not to be notified personally or by mail? A nonprofit mutual benefit corporation may not give notice of its annual regular meetings by publication at least once in a newspaper of general circulation in the county in which its principal office is located and by posting notice of the meeting at its principal office even if (1) the bylaws permit such notice or (2) members have requested not to be notified personally or by mail.

Official Citation: 82 Ops.Cal.Atty.Gen. 229
12/16/1999
99-811 May the Board of Prison Terms schedule the parole hearing of a person sentenced to state prison for attempted first degree murder beyond two years from the date of his or her last hearing? The Board of Prison Terms may not schedule the parole hearing of a person sentenced to state prison for attempted first degree murder beyond two years from the date of his or her last hearing.

Official Citation: 82 Ops.Cal.Atty.Gen. 215
11/08/1999
99-809 May the Bipartisan Commission on the Political Reform Act of 1974 be restrained from taking any action, including the expenditure of public funds, on the grounds that it is illegally constituted? Quo warranto does not lie to determine whether the Bipartisan Commission on the Political Reform Act of 1974 may be restrained from taking any action, including the expenditure of public funds, on the grounds that it is illegally constituted. Moreover, recent legislation will confirm the present composition of the commission on January 1, 2000, so as to render the question virtually moot. Thus, a quo warranto proceeding now would not be in the public interest.

Official Citation: 82 Ops.Cal.Atty.Gen. 219
11/16/1999
99-801 May a person serve simultaneously as the City Administrator and Fire Chief of the City of Oroville? A person may not serve simultaneously as the City Administrator and Fire Chief of the City of Oroville unless a city charter provision or ordinance is adopted that abrogates the common law prohibition against holding incompatible offices.

Official Citation: 82 Ops.Cal.Atty.Gen. 201
10/13/1999
99-712 1. In light of the United States Supreme Court's recent decision in Buckley v. American Law Foundation, Inc., is Elections Code section 9209 unconstitutional in requiring circulators of initiative petitions to declare that they are voters of the city?

2. Must circulators of a city initiative petition declare that they are city residents?
1. In light of the United States Supreme Court's recent decision in Buckley v. American Law Foundation, Inc., Elections Code section 9209 is unconstitutional in requiring circulators of petitions to declare that they are voters of the city.

2. Circulators of a city initiative petition need not declare that they are city residents.

Official Citation: 82 Ops.Cal.Atty.Gen. 250
12/22/1999
99-711 If a California Highway Patrol officer at a scale facility prohibits an overweight vehicle from being driven on the highway, and the scale facility lacks unloading equipment, is the California Highway Patrol liable for any injuries sustained by the operator of the vehicle in attempting to reduce the weight without proper equipment? If a California Highway Patrol officer at a scale facility prohibits an overweight vehicle from being driven on the highway, and the scale facility lacks unloading equipment, the California Highway Patrol is not liable for any injuries sustained by the operator of the vehicle in attempting to reduce the weight without proper equipment.

Official Citation: 82 Ops.Cal.Atty.Gen. 196
10/13/1999
99-710 May the owner of a bar or tavern with a total of five or fewer employees permit smoking in the bar or tavern? The owner of a bar or tavern with a total of five or fewer employees may not permit smoking in the bar or tavern.

Official Citation: 82 Ops.Cal.Atty.Gen. 190
10/08/1999
99-617 May marriage ceremonies be solemnized by a county sheriff, district, assessor, or supervisor? Marriage ceremonies may not be solemnized by a county sheriff, district attorney, assessor, or supervisor.

Official Citation: 82 Ops.Cal.Atty.Gen. 172
09/16/1999
99-614 May a person with a background in the field of management serve as the public member of the Occupational Safety and Health Standards Board? Whether a person with a background in the field of management may serve as the public member of the Occupational Safety and Health Standards Board presents substantial issues of fact and law that warrant the granting of leave to sue in quo warranto.

Official Citation: 82 Ops.Cal.Atty.Gen. 154
08/04/1999
99-611 May a physician enter into an agreement with a group of licensed and certified professionals to perform work hardening and rehabilitation services for patients, where the physician would control the scope of the services by prescription, obtain payment from a workers' compensation insurance carrier for the services, and retain a portion of the fee after compensating the group? A physician may not nter into an agreement with a group of licensed and certified professionals to perform working hardening and rehabilitation services for patients, where the physician would control the scope of the services by prescription, obtain payment from a workers' compensation insurance carrier for the services, and retain a portion of the fee after compensating the group.

Official Citation: 82 Ops.Cal.Atty.Gen. 225
12/16/1999
99-602 If a local agency formation commission conditions approval of a change of organization or reorganization upon a requirement that the subject agency levy or fix and collect a previously established and collected tax, benefit assessment, or property-related fee or charge on parcels being annexed to the agency, do the voter and landowner approval requirements set forth in the Constitution relating to taxes, assessments, fees and charges apply? If a local agency formation commission conditions approval of a change of organization or reorganization upon a requirement that the subject agency levy or fix and collect a previously established and collected tax, benefit assessment, or property-related fee or charge on parcels being annexed to the agency, the voter and landowner approval requirements of the Constitution relating to taxes, assessments, fees, and charges do not apply.

Official Citation: 82 Ops.Cal.Atty.Gen. 180
10/06/1999
99-503 Does the disclosure of peace officer personnel records in violation of Penal Code section 832.7 constitute a crime? The disclosure of peace officer personnel records in violation of Penal Code section 832.7 may constitute a crime under the terms of Government Code section 1222 if the conditions of the latter statute are met.

Official Citation: 82 Ops.Cal.Atty.Gen. 246
12/22/1999
99-403 1. May a person initiate and tape record a telephone call in an attempt to gain evidence of child molestation alleged to have been committed by the person called?

2. If so, would such evidence be admissible in a subsequent civil or criminal proceeding?
1. A person may initiate and tape record a telephone call in an attempt to gain evidence of child molestation alleged to have been committed by the person called.

2. Such evidence would be admissible in a subsequent civil or criminal proceeding.

Official Citation: 82 Ops.Cal.Atty.Gen. 148
07/30/1999
99-402 Is an alien who is residing in the United States in violation of federal immigration law eligible for a certificate of rehabilitation and pardon? An alien who is residing in the United States in violation of federal immigration law is not eligible for a certificate of rehabilitation and pardon.

Official Citation: 82 Ops.Cal.Atty.Gen. 176
09/21/1999
99-401 May a school district construct an elementary school on land designated for "agricultural, open space, or rural land use" under a county ordinance that was adopted by the electorate as an initiative measure amending the county's general plan? A school district may construct an elementary school on land designated for "agricultural, open space, or rural land use" under a county ordinance that was adopted by the electorate as an initiative measure amending the county's general plan, provided the governing board of the school district, by vote of two-thirds of its members, renders the ordinance inapplicable to the proposed use of the property and such action is not arbitrary and capricious.

Official Citation: 82 Ops.Cal.Atty.Gen. 135
07/26/1999
99-322 If a prisoner is sentenced to life imprisonment under the provisions of Penal Code section 667.7 as a habitual offender and is not eligible for release on parole for 20 years, does the 20-year period constitute the "minimum term" for purposes of applying credits earned pursuant to Penal Code sections 2930-2935? If a prisoner is sentenced to life imprisonment under he provisions of Penal Code section 667.7 as a habitual offender and is not eligible for release on parole for 20 years, the 20-year period constitutes the "minimum term" for purposes of applying credits earned pursuant to Penal Code sections 2930-2935.

Official Citation: 82 Ops.Cal.Atty.Gen. 242
12/22/1999
99-320 May a person who has been convicted of a felony serve as the fire chief of a community services district? A person who has been convicted of a felony may serve as the fire chief of a community services district unless the powers and duties of a peace officer have been conferred upon him.

Official Citation: 82 Ops.Cal.Atty.Gen. 141
07/30/1999
99-316 1. Does the state statutory scheme specifying the maintenance of cost accounting records for public works construction by day's labor or force account prevail over inconsistent charter provisions adopted by a charter city?

2. Does the state statutory scheme specifying the maintenance of cost accounting records for public works construction by day's labor or force account prevail over inconsistent charter provisions adopted by a charter county?
1. The state statutory scheme specifying the maintenance of cost accounting records for public works construction by day's labor or force account prevails over inconsistent charter provisions adopted by a charter city.

2. The state statutory scheme specifying the maintenance of cost accounting records for public works construction by day's labor or force account prevails over inconsistent charter provisions adopted by a charter county.

Official Citation: 82 Ops.Cal.Atty.Gen. 165
09/14/1999
99-310 May the Department of Developmental Services contract with a corporation employing disabled persons to provide janitorial services at state developmental centers without following an advertised, competitive bidding process? The Department of Developmental Services may not contract with a corporation employing disabled persons to provide janitorial services at state developmental centers without following an advertised, competitive bidding process.

Official Citation: 82 Ops.Cal.Atty.Gen. 206
10/28/1999
99-307 May a licensed residential mortgage lender charge the borrower interest from the date its funds are paid into escrow rather than from the date the funds are disbursed from escrow for the borrower's use? A licensed residential mortgage lender may not charge the borrower interest from the date its funds are paid into escrow rather than from the date the funds are disbursed from escrow for the borrower's use.

Official Citation: 82 Ops.Cal.Atty.Gen. 233
12/22/1999
99-304 May a project area committee provide advice to a redevelopment agency if several committee members own property within the project area? A project area committee may provide advice to a redevelopment agency even though several committee members own property within the project area.

Official Citation: 82 Ops.Cal.Atty.Gen. 126
07/15/1999
99-303 1. Does an incompatible activities statement adopted by the Board of Administration of the Public Employees' Retirement System pursuant to Government Code section 19990 apply to the members of the Board of Administration?

2. May a person who has declared bankruptcy serve on the Board of Administration of the Public Employees' Retirement System?
1. An incompatible activities statement adopted by the Board of Administration of the Public Employees' Retirement System pursuant to Government Code section 19990 does not apply to the members of the Board of Administration.

2. A person who has declared bankruptcy may serve on the Board of Administration of the Public Employees' Retirement System.

Official Citation: 82 Ops.Cal.Atty.Gen. 120
06/04/1999
99-301 Is a county auditor-controller prohibited from disclosing to the public information regarding the amount of money deducted from an elected county officer's salary to satisfy a state or federal tax lien? A county auditor-controller is generally prohibited from disclosing to the public information regarding the amount of money deducted from an elected county officer's salary to satisfy a state or federal tax lien, but special circumstances may allow for such disclosure in a particular case.

Official Citation: 82 Ops.Cal.Atty.Gen. 159
08/06/1999
99-207 Does the doctrine of incompatible public offices preclude a person from holding simultaneously the positions of director of the Victor Valley Water District and city council member of the City of Victorville? The holding simultaneously of the positions of director of the Victor Valley Water District and city council member of the City of Victorville presents substantial questions of fact and law concerning the application of the incompatible public offices doctrine that warrants the granting of leave to sue in quo warranto.

Official Citation: 82 Ops.Cal.Atty.Gen. 74
04/13/1999
99-206 Does the doctrine of incompatible public offices preclude a person from holding simultaneously the positions of planning commissioner of the City of Victorville and director of the Victor Valley Water District? The holding simultaneously of the positions of planning commissioner of the City of Victorville and director of the Victor Valley Water District presents substantial questions of fact and law concerning the application of the incompatible public offices doctrine that warrants the granting of leave to sue in quo warranto.

Official Citation: 82 Ops.Cal.Atty.Gen. 68
04/13/1999
99-201 May a county recorder accept for recordation a document, denominated a "Notice of Disclosure" that gives notice of the proximity of an airport, power lines, and potential traffic and parking problems to specified real property? A county recorder may not accept for recordation a document, denominated a "Notice of Disclosure," that gives notice of the proximity of an airport, power lines, and potential traffic and parking problems to specified real property.

Official Citation: 82 Ops.Cal.Atty.Gen. 107
05/11/1999
99-104 Is Lorraine Rollins unlawfully occupying the office of director of the Calaveras County Water District for the Fifth District? Whether Lorraine Rollins is unlawfully occupying the office of director of the Calaveras County Water District for the Fifth District presents substantial issues of fact and law; it is in the public interest to grant leave to sue so that a judicial resolution of the issues presented may be obtained.

Official Citation: 82 Ops.Cal.Atty.Gen. 78
04/15/1999
99-102 May an individual serve simultaneously on the governing board of a school district and as the community development director for the City of Colton, where 70 percent of the city lies within the school district? An individual may serve simultaneously on the governing board of a school district and as the community development director for the City of Colton even though 70 percent of the city lies within the school district.

Official Citation: 82 Ops.Cal.Atty.Gen. 83
04/21/1999
98-1202 May a charitable organization conduct a bingo game known as "progressive power ball bingo" in which a game winner may receive more than $250 in prizes? A charitable organization may not conduct a bingo game know as “progressive power ball bingo” in which a game winner may receive more than $250 in prizes.

Official Citation: 82 Ops.Cal.Atty.Gen. 132
07/19/1999
98-1201 Is Edward M. Kashian unlawfully holding the office of governing board member of the San Joaquin River Conservancy? Whether Edward M. Kashian is unlawfully holding the office of governing board member of the San Joaquin River Conservancy does not present a substantial question of fact or law; accordingly, the application for leave to sue in quo warranto is denied.

Official Citation: 82 Ops.Cal.Atty.Gen. 61
03/30/1999
98-1107 May the Community College Foundation enter into an agreement with a state agency to provide part-time employment for students attending a public or private institution of higher education? The Community College Foundation may enter into an agreement with a state agency to provide part-time employment for students attending any public or private institution of higher education with which the Foundation is affiliated. al ownership of the property remains the same.

Official Citation: 82 Ops.Cal.Atty.Gen. 102
05/11/1999
98-1106 Is Revenue and Taxation Code section 423.4 constitutional in authorizing property to be assessed at 65 percent of a specified value under the circumstances described therein? Revenue and Taxation Code section 423.4 is constitutional in authorizing property to be assessed at 65 percent of a specified value under the circumstances described therein.

Official Citation: 82 Ops.Cal.Atty.Gen. 52
03/10/1999
98-1104 1. May a veterans memorial district require a veterans organization to add the district as a named insured on its insurance policy as a condition of allowing the organization to use the district's facilities?

2. Is a veterans memorial district required to obtain voter approval of specifically identified park and recreation facility projects it intends to undertake, or is voter approval required only of the general concept of providing park and recreation facility projects?

3. May a veterans memorial district present a single ballot question to obtain voter approval of a specifically identified park and recreation facility project and voter approval of a special tax to fund the project?

4. If a veterans memorial district imposes a special tax, may it exempt unimproved parcels from the levy?

5. Must the county board of supervisors approve a veterans memorial district's plans for an indoor or outdoor park and recreation facility project prior to a vote of the electorate on the project?

6. Does the approval by a county board of supervisors of the plans for an indoor or outdoor park and recreation facility project prepared by a veterans memorial district require the filing of an environment impact report by the board?
1. A veterans memorial district may by rule or regulation require a veterans organization to add the district as a named insured on its insurance policy as a condition of allowing the organization to use the district's facilities for events of public entertainment or where an admission fee is charged.

2. A veterans memorial district is required to obtain voter approval of specifically identified park and recreation facility projects it intends to undertake.

3. A veterans memorial district may present a single ballot question to obtain voter approval of a specifically identified park and recreation facility project and voter approval of a special tax to fund the project.

4. If a veterans memorial district imposes a special tax, it may not exempt unimproved parcels from the levy but may tax such property at a lower rate.

5. The county board of supervisors must approve a veterans memorial district's plans for an indoor or outdoor park and recreation facility project prior to a vote of the electorate on the project.

6. The approval by a county board of supervisors of the plans for an indoor or outdoor park and recreation facility project prepared by a veterans memorial district does not require the filing of an environmental impact report by the board.

Official Citation: 82 Ops.Cal.Atty.Gen. 90
05/05/1999
98-1103 May a person, on behalf of another, purchase California state lottery tickets from an authorized retailer and charge a fee for the services rendered? A person may not, on behalf of another, purchase California state lottery tickets from an authorized retailer and charge a fee for the services rendered.

Official Citation: 82 Ops.Cal.Atty.Gen. 87
05/05/1999
98-1102 May a city, which by contract provides parking citation management services to another city, have access through its police department to the California Law Enforcement Telecommunications System to assist it in performing its contractual responsibilities? A city, which by contract provides parking citation management services to another city, may have access through its police department to the California Law Enforcement Telecommunications System to assist it in performing its contractual responsibilities.

Official Citation: 82 Ops.Cal.Atty.Gen. 47
03/10/1999
98-1101 May a charitable organization offer raffle tickets at $100 each or $500 for six tickets, with an automobile as the contest prize, if all prospective purchasers are told they may obtain one raffle ticket free? A charitable organization may not offer raffle tickets at $100 each or $500 for six tickets, with an automobile as the contest prize, even if all prospective purchasers are told they may obtain one raffle ticket free.

Official Citation: 82 Ops.Cal.Atty.Gen. 12
02/04/1999
98-1012 May an irrigation district that charges for water on a per-acre basis regardless of usage, the amount of which was established prior to November 6, 1996, adopt a surcharge based upon the amount of water used, without complying with the notification and hearing procedures specified in section 6 of article XIII D of the Constitution? An irrigation district that charges for water on a per-acre basis regardless of usage, the amount of which was established prior to November 6, 1996, may not adopt a surcharge based upon the amount of water used, without complying with the notification and hearing procedures specified in section 6 of article XIII D of the Constitution.

Official Citation: 82 Ops.Cal.Atty.Gen. 43
03/10/1999
98-1011 1. May an alternate member of a Local Agency Formation Commission, when not serving in place of a regular member, participate in public hearings and deliberations of the commission?

2. May an alternate member of a Local Agency Formation Commission, when not serving in place of a regular member, attend closed sessions of the commission?
1. An alternate member of a Local Agency Formation Commission, when not serving in place of a regular member, may participate in public hearings and deliberations of the commission.

2. An alternate member of a Local Agency Formation Commission, when not serving in place of a regular member, may not attend closed sessions of the commission.

Official Citation: 82 Ops.Cal.Atty.Gen. 29
03/04/1999
98-1010 Did the office of city clerk of the City of Redondo Beach become vacant by virtue of the officeholder's conviction of a violation of Vehicle Code section 4463, subdivision (a)(1)? Whether the office of city clerk of the City of Redondo Beach became vacant by virtue of the officeholder's conviction of a violation of Vehicle Code section 4463, subdivision (a)(1) presents substantial issues of fact and law; however, the application for leave to sue is denied due to the expiration of the term of office on March 30, 1999.

Official Citation: 82 Ops.Cal.Atty.Gen. 6
02/04/1999
98-1008 May a municipal water district impose a standby charge at an increased rate without providing notice to landowners and obtaining voter approval of the charge if the increased rate was specified in a previously adopted engineer's report covering the year in question and was approved by the district's board of directors prior to November 6, 1996? A municipal water district may not impose a standby charge at an increased rate without providing notice to landowners and obtaining voter approval of the charge even if the rate was specified in a previously adopted engineer's report covering the year in question and was approved by the district's board of directors prior to November 6, 1996.

Official Citation: 82 Ops.Cal.Atty.Gen. 35
03/10/1999
98-1004 May a person, without permission, possess in a school zone two separate parts of a firearm that lock together by pushing a button and moving a pin? A person may not, without permission, possess in a school zone two separate parts of a firearm that lock together by pushing a button and moving a pin.

Official Citation: 82 Ops.Cal.Atty.Gen. 16
02/05/1999
98-810 1. May federal inmates and detainees be placed in custody in privately operated detention facilities in California?

2. May prisoners from other states be placed in custody in privately operated detention facilities in California?

3. Does a sheriff have the responsibility for responding to incidents or complaints at privately operated detention facilities housing federal inmates and detainees?

4. May a county contract with private operators of detention facilities housing federal inmates and detainees under terms requiring the operators to reimburse the county for the costs of the sheriff's response actions undertaken with respect to incidents or complaints at the facilities?
1. Federal inmates and detainees may be placed in custody in privately operated detention facilities in California.

2. Prisoners from other states may not be placed in custody in privately operated detention facilities in California.

3. A sheriff has the responsibility for responding to incidents and complaints at privately operated detention facilities housing federal inmates and detainees, but may decline to respond under limited circumstances.

4. A county may not contract with private operators of detention facilities housing federal inmates and detainees under terms requiring the operators to reimburse the county for the costs of the sheriff's response actions undertaken with respect to incidents or complaints at the facilities.

Official Citation: 82 Ops.Cal.Atty.Gen. 110
05/28/1999
98-611 May a corporate entity licensed as a health care service plan enter into an agreement with a network of providers of cosmetic medical services, a specialty not covered by any of the entity's health benefit plans, according to the terms of which the entity would (1) refer its enrollees to a participating provider, or to a provider selected by the enrollee from a directory of participating providers, for medical services at a discounted rate and (2) collect and forward to the provider the fees for such medical services after deducting an "administrative fee"? A corporate entity licensed as a health care service plan may not enter into an agreement with a network of providers of cosmetic medical services, a specialty not covered by any of the entity’s health benefit plans, according to the terms of which the entity would (1) refer its enrollees to a participating provider, or to a provider selected by the enrollee from a directory of participating providers, for medical services at a discounted rate and (2) collect and forward to the provider the fees for such services after deducting an “administrative fee.”

Official Citation: 82 Ops.Cal.Atty.Gen. 1
01/20/1999
98-211 1. Does a school district have a duty to disclose information received from a law enforcement official concerning the presence of a sex offender in its community?

2. Does a school district have a duty to disclose information received from a parent or employee concerning the presence of a sex offender in its community?

3. Does a school district have a duty to review CD-ROM information when it has notice of the presence of a sex offender in its community?

4. May a school district disclose information it has received from a law enforcement official concerning the presence of a sex offender in its community?

5. May a school official be subject to sanctions when information relating to a sex offender is improperly used or improperly disclosed?
1. A school district does not have a mandatory duty but may disclose information received from a law enforcement official concerning the presence of a sex offender in its community if the information is disclosed in the manner and to the extent authorized by the law enforcement agency.

2. A school district does not have a mandatory duty but may disclose information received from a parent or employee concerning the presence of a sex offender in its community; however, the district will not have immunity for disclosing information that was not obtained from a law enforcement agency.

3. A school district does not have a mandatory duty but may review CD-ROM information when it has notice of the presence of a sex offender in its community.

4. A school district may disclose information it has received from a law enforcement official concerning the presence of a sex offender in its community to protect students at risk if the dissemination is made in the manner and to the extent authorized by the law enforcement agency.

5. A school official may be subject to sanctions when information relating to a sex offender is improperly used or improperly disclosed.

Official Citation: 82 Ops.Cal.Atty.Gen. 20
03/01/1999

How to Submit a Question of Law for AG Consideration

The Attorney General is authorized to give opinions on questions of law to state legislators, heads of state departments, district attorneys, county counsels, sheriffs, and to city attorneys in their prosecutorial capacities. For more information about requesting an opinion, please see our FAQs and the Guidelines for AG Opinions.pdf a downloadable resource provided for users' reference.

To submit a request, or to ask questions about how to submit a request, please contact:

  • Susan Duncan Lee
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  • 455 Golden Gate Ave., Suite 11000
  • San Francisco, CA 94102

  • Susan.Lee@doj.ca.gov


How to Request a Copy of an Existing Opinion

A copy of a published opinion may be obtained by contacting the Opinion Unit:

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  • P. O. Box 944255
  • Sacramento, CA 94244-2550

  • Stephanie.Grimes@doj.ca.gov

  • Printed hardbound volumes of Opinions of the Attorney General of California are published by Lexis Publishing and may be read in public libraries. Opinions are also available online through Lexis dating back to 1960.


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